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    • I've been very agreeable all the way to this point, and I have started to think they have taken advantage of that fact.   Without going into massive amounts of detail, my reasons for not wanting to give them further opportunities to rectify the work are:   1. Delayed multiple times from outset with poor commuication and threats that I could not pull out (despite them breaching their own contract for start date) 2. Repair attempt 11th June (not all issues addressed) 3. Workers attended 5th June (Issues with work not addressed) 4. 28th June Matthew (director) attended and agreed work unacceptable- 5. 15th and 16th July- workers attended to rectify issues and actually made front drive worse by making unnaceptable paving cuts (raised in engineers report). Rear patio issues addressed (not all, and most serious issues remain)   Communication wise, my son has had an amicable discussion with the workers and director when attending my property. I have full CCTV front and rear and have all evidence including audio and video recordings of all interactions. I have not refused to communicate with them. I have refused to communicate with them via telephone as I said that I wanted to avoid misunderstandings etc. and I was also intimidated by receiving a threatening and aggressive voicemail, which again I have a copy of.   I understand the point about being reasonable and fair. I think I have evidenced that I have thus far. They have had ample opportunities and stonewalled me and sent debt collectors after me. Now I've provided evidence of their poor work, I feel they are realising they are looking at a large loss, plus legal costs they probably are unwilling to pay.   I would not be happy to pay for their independent assessment (they have not paid for mine). The majority of the issues that were raised in the engineer's report, I had already highlighted to them (such as the cuts of the bricks not being in line with manufacturer's guidelines- if you recall I had already contacted the manufacturer Tobermore for additional information)   If you feel I'm completely missing the mark here, then I'm happy to be guided by you, however the Consumer Rights Act only provides them with limited opportunities to put work right. Surely I cannot be expected to just sit here for months and just keep letting them try and try again, and only now that they face the prospect of potentially losing at court. I've been reasonable, polite and accommodating from the outset, and I have written, video and audio evidence of all of this.          
    • ok good defence due by 4th oct by 4pm.   so no you wont have gotten an n180 yet...
    • The claim form was dated 2nd Sept. Not filed defence yet.  Not had an  N180
    • Hi dx I have had an attempt at my witness statement just hope i have got enough in and the order sits well. Any thoughts would be welcomed.   In The county court AT XXXXX CLAIM NO: BETWEEN: XXXXXXXXXXXXXXXX Claimant - -and- XXXXXXXXXXXXXXXXX Defendant WITNESS STATEMANT OF XXXXXXXXXX   I.XXXXXXXXX the defendant in this claim make the following statement believing it to be true will state as follows:-   1.It is admitted the defendant entering into a short term Pay Day Loan agreement for the sum of £400.00 plus 4 months interest totalling £600.48 from Moneyboat.co.uk.   2.It is denied that I defaulted on an “agreement”, as the Defendant has made a first payment of £150.13  towards the amount agreed to be repaid which was not been deducted or taken into consideration and the claimant continued to demand the full total amount from the agreement stated in #1. The claimant rejected a request for assistance during the ongoing Covid pandemic pursuant to the UK Government Legislation at which time I was placed on Furlough by my Employer and worried that it would be difficult to make a payment due to my financial situation.   3. It is denied I failed to abide by the Terms and Conditions of the agreement as at no point did the claimant contact myself to offer assistance to make alternative payments to which I could repay.   4. It is admitted that upon receipt of the claim form a CPR31.14 was issued to the claimant on the 31/012/20 and proof is included in exhibit 1.   Namely to show how I entered into an agreement Show how the claimant quantified the amount claimed   5.The Claimant has not served a Default Notice pursuant to sec87 of the CCA1974.    Need for default notice.   (1)Service of a notice on the debtor or hirer in accordance with section 88 (a “default notice ”) is necessary before the creditor or owner can become entitled, by reason of any breach by the debtor or hirer of a regulated agreement,— (a) to terminate the agreement, or (b) to demand earlier payment of any sum   6. As per Civil Procedure Rule 16.5(4), the Claimant has failed to prove the allegation that the full correct amount of money is owed.   7. My defence stated that the claimant failed to serve notice and it is denied that the Claimant is entitled to the relief claimed or any relief entitled.   I believe that the facts stated in this Witness Statement are true.   Signed ……………….   Dated on the day ……………….   Thanks G
    • forget the guarantee, totally worthless, no guarantee or warranty is even worth the paper it's written on.   under the consumer rights act 2015, bensons are quite correct that outside of 6mts, it is down to the consumer to get and pay for an independent report upon any issues. this cost will be refunded upon your win.   also under CRA a 'product' should last a consummate period of time, upto 6yrs typically or even beyond, one would expect a mattress to not to have issues after a mere 10mts.    
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Who pays the rent (and council tax)


neword
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Hello all,

 

This is a request for information on who will have to pay the rent on a LHA property.

 

Me and the wife have rented this property for over 20 years now and have paid the rent on it for most that time,

 

Due to my wifes disabilities she has the high rate motobility and standard car PIP. Because of this I am on carers allowance and also receive Income Support.

 

The house is four bedrooms and we use 1 and our granddaughter uses 1 and her boyfriend uses another 1. So out of four bedrooms we use 3 and have a reduction in HB (14%) for the empty one.

 

My granddaughter (18yrs old ) up-till recently was a full time student and has now moved on to a apprenticeship (wage approx £225 pw)

 

Her boyfriend (18yrs old ) is also on an apprenticeship (wage approx £195pw)

Neither of them have paid anything towards the rent or CT as that has always been the way we have done it for all our children.

 

The LHA and the council are fully aware of the situation at the property as I keep them fully informed of any changes in circumstances within just a few days of the changes.

 

So currently we have to pay 14% rent and a small proportion of the CT and there has been no communication concerning any change to what we pay regarding granddaughter moving into the apprenticeship.

 

We also notified the appropriate gov depts about her change of circumstances and the Child Benefit and CTC we got for her has now stopped.

 

Now there is another change in circumstances coming up next month and its this change that I need to get information about up front.

 

The boyfriends apprenticeship is about to come to an end (early July) and he is moving onto a position within the educational establishment his apprenticeship was with.

 

So he is going to be a full time employee earning a income that will be a lot higher than what he gets on the apprenticeship.

 

SO, the question is

 

Would he be liable to pay the rent and CT on this property even though his name is not on the tenancy agreement.

 

Your thoughts on this matter would be appreciated.

 

OH one more question.

 

Would me going back into self employment make any difference to the above As I have been considering this for a while.

 

(I'm 62 and would be working a minimum of 16 hours a week)

Edited by dx100uk
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I've no idea about HA and rent, but as long as you keep your council aware of who is living there and how much they're earning, they'll be able to work out how much council tax should be paid on the property.

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Moved to the benefits forum

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Your LA will inform YOU of any changes to HB or CT payments that need to be made, and no, he will not be made to pay the rent and CT for the property.

 

 

Any increase in income to the household will make a difference to what the LA pays in respect of HB and CT.

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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Would he be liable to pay the rent and CT on this property even though his name is not on the tenancy agreement.

 

Presumably it is your name on th rent agreement along with HB & CTX benefits. In which case, you would be liable for any outstanding amounts for rent/ctx. I'd suggest sitting down with daughter and boyfriend, explain the financial situation and come to an agreement for a fair contribution.

PLEASE HELP US TO KEEP THIS SITE RUNNING

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Thanks for the input and replies the information given is helpful.

 

Curiosity got to me last night and I decided to use a benefits calculator (T2Us) but had to put them both down as working non dependants as there seems to be no way of inputting info wrt apprenticeship.

 

I gather I must have done something wrong as it comes back with no change to the current benefits we are receiving. Going to try again today and also get down to CAB and Council with a request for

what the changes are likely to be.

 

They have both indicated that they would much rather pay rent on a place of their own or even try for a mortgage. We can understand their point here.

 

Something that did come up last night while we were talking is that the boyfriend is also considering going on to a higher tier apprenticeship. Would that be likely to make a difference?

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I not being scrooge or anything your granddaughter and boyfriend if they have any income they should be paying a proportion of it to you , I mean think of the the other bills electric gas water food do either pay anything to the upkeep of the house

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Both my children from the age of 18 have paid something towards the bills.

I was on benefits due to ill health and now am on esa in support group.

 

My housing benefit and council tax relief are reduced in accordance with the adult childrens' wages.

Even when my son was out of work for 3 weeks while he waited to start a new job and didn't apply for benefits himself, I had to pay £14 per week for the deduction for him and a few pounds council tax.

 

Even when an adult child claims benefit, the council still reduce the tenants housing benefit and council tax relief.

Currently my daughter is working part time and studying at college as well as being my carer.

 

To offset the benefit deduction she pays me £30.50 per fortnight, I pay the council tax part.

Everything else we sort out between us.

Edited by dx100uk
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Council Tax liability is determined under s6 of the Local Government Finance Act 1992 - under this, liability will fall on a resident tenant before anyone else. This means that you are your wife are liable for any council tax charge (the fact a person may be 'disregarded' does not affect liability)

 

Any council tax disregards which may apply for other occupiers - e.g. an apprentice - will be looked at when calculating the charge but it does not alter who is liable for the payments.

 

It should be noted that Council Tax Reduction is means tested and looks at the household in a different way to Council Tax when determining what may or may not be paid to assist with paying the bill. It can however only be paid to the person who is actually liable for the Council Tax charge.

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They will reassess and take the GD and hers boyfriends income into account but it wont be counted as your income so not treated as a common pot of money. I dont know the calculations they use but you will find that their income is considered differently with regard to outgoings but you will find that the proportion that you pay towards your rent and CT will go up but not as much as it would if the income was yours.

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Hello All,

 

Thanks for information and we have taken note of what has been mentioned within the replies.

 

Did think that the onus would be on us as its our names on the tenancy.

Do agree with you concerning getting them to pay the difference (or proportion of it).

 

The LA housing waiting list here is absolutely massive and due to their status of being unmarried with no kids and living in a house with spare bedrooms so not classed as overcrowded their wait time would be in the region of 5yrs +.

 

Their only really choices if they want their own place is to rent privately or mortgage and as the boyfriend would prefer to put his money into ownership rather than renting they are saving every penny they can so has to afford a deposit on a small place of their own.

 

Again thanks for the replies., appreciate them.

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They are as Hannya had said, really sensible youngsters.

 

I really hope their dream comes soon for them.

There is no quick way round it these days.

 

A friend of mine was living in her 1 bedroom flat and had 2 of her adult children plus a grandchild with her, 1 of her adult children had become homeless through no fault of their own, the other had returned to be her carer as her health was poor.

 

Even they waited almost 2 years for 1 of her adult children to get a local authority home, and even that's temporary and only because the overcrowding made her already poor health worse.

I think it was her GP who eventually wrote on her behalf to the local authority.

 

I am a council tenant where I live and my next door neighbour is on the housing list to move as she is entitled to an extra bedroom now, she was recently sent a letter advising her that as of july 2018 the requirements to getting on and staying on the list have changed.

 

From what she told me of those changes it seems that as the housing situation is dire, they are merely making it as hard as possible to even get on the list......

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